Kennedy v. Butler Financial Solutions, LLC et al

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:08-cv-01862
District Judge Arlander Keys, presiding
Tags
District Judge Arlander Keys
Last Updated October 28, 2017 at 12:48 AM EDT (8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Robert T. Kennedy, Plaintiff

Represented by Dyer and Berens LLP

Name Phone Fax E-Mail
Space Jeffrey A Berens +1 303 861 1764 +1 303 395 0393 jeff@dyerberens.com

Represented by Harrison & Held

Name Phone Fax E-Mail
Space John M. Heaphy +1 312 753 6160 +1 312 345 2005 jheaphy@harrisonheld.com
Space George N. Vurdelja, Jr. +1 312 753 6161 +1 312 345 2005 gvurdelja@harrisonheld.com

Represented by Shepherd, Finkelman, Miller & Shah, LLC

v.
No Logo Butler Financial Solutions, LLC, Defendant

Represented by Adorno Yoss Alvarado and Smith, PC

Name Phone Fax E-Mail
Space John Joseph Shahady +1 954 763 1200 +7667 766 766 7800 jshahady@adorno.com

Represented by Law Offices of Michael Murphy Tannen, PC

Name Phone Fax E-Mail
Space Michael Murphy Tannen +1 312 641 6650 +1 312 641 6656 mtannen@tannenlaw.com
No Logo Heritage Warranty Insurance Risk Retention Group, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Kenneth Kallman +1 312 578 1515 jkkallman@sbcglobal.net
Space Nisha S. Wright

Represented by Husch Blackwell LLP

Name Phone Fax E-Mail
Space Thomas M. Dee +1 314 480 1500 +1 314 480 1505 tom.dee@husch.com
Space Joel B. Samson +1 314 480 1500 +1 314 480 1505 joel.samson@husch.com
No Logo Warrantech Automotive, Inc., Defendant
No Logo Heritage Warranty Insurance Risk Retention Group, Inc., Cross-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Kenneth Kallman +1 312 578 1515 jkkallman@sbcglobal.net
Space Nisha S. Wright

Represented by Husch Blackwell LLP

Name Phone Fax E-Mail
Space Thomas M. Dee +1 314 480 1500 +1 314 480 1505 tom.dee@husch.com
Space Joel B. Samson +1 314 480 1500 +1 314 480 1505 joel.samson@husch.com
Other Parties
No Logo Butler Financial Solutions, LLC, Cross-Claimant

Represented by Adorno Yoss Alvarado and Smith, PC

Name Phone Fax E-Mail
Space John Joseph Shahady +1 954 763 1200 +7667 766 766 7800 jshahady@adorno.com

Represented by Law Offices of Michael Murphy Tannen, PC

Name Phone Fax E-Mail
Space Michael Murphy Tannen +1 312 641 6650 +1 312 641 6656 mtannen@tannenlaw.com
No Logo Scott H Richardson, Intervenor

Represented by Johnston Greene LLC

Name Phone Fax E-Mail
Space Philip F. Ackerman +1 312 341 0811 packerman@johnstongreene.com
Space Iain D. Johnston +1 312 341 3900 +1 312 341 0700 ijohnston@johnstongreene.com
Attributes
Office Chicago
Filed 4/1/2008
Jury Demand Both
Demand $75000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Other Contract
Jurisdiction Diversity
Disposition
County Cook
Terminated
Origin 5
Reopened None
Lead Case None
Related Case
Other Court Case 07CV80835[USDC Southern District of Florida]
Def Custody Status
Flags KEYS, STAYED
Timeline
  Entries (183) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 242 Filed: 11/4/2009, Entered: 11/4/2009 Notice of change of address
NOTICE by Michael Murphy Tannen of Change of Address (Tannen, Michael)
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Legal Document (Payment Possibly Required) 241 Filed: 7/24/2009, Entered: 7/24/2009 terminated case
MINUTE entry before the Honorable Arlander Keys:Whereas the Plaintiffs, Defendants and Third Party Defendants have reached a settlement of the claims against each other and pursuant to the Stipulation of Dismissal with Prejudice filed by the Defendants and Third-Party Defendants on 7/15/09, this action is dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii). Defendants and Third Party Defendants to bear their own costs and attoneys fees. Status hearing set for 12/18/2009 is stricken.Civil case terminated. (ac, )
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Legal Document (Payment Possibly Required) 240 Filed: 7/15/2009, Entered: 7/15/2009 Stipulation of Dismissal
STIPULATION of Dismissal with Prejudice by Defendants and Third-Party Defendants (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 239 Filed: 6/17/2009, Entered: 6/17/2009 text entry
MINUTE entry before the Honorable Arlander Keys:The allegations in this Complaint are related to the allegations contained in Warrentech Automotive Inc v Heritage Warranty Insurance Risk Rentention Group, Inc, 07c3539 and Heritage Warranty Insurance Risk Rentention Group, Inc v. Butler Financial Solutions, LLC. 07C6977, in which cases tentative settlements have been reached. The Parties agree that this case should be stayed at this time. The Court agrees. So ordered. Status hearing set for 12/18/2009 at 09:00 AM.) (ac, )
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Legal Document (Payment Possibly Required) 238 Filed: 6/10/2009, Entered: 6/12/2009 assigning/reassigning Case
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Arlander Keys for all further proceedings.. Signed by Honorable George M. Marovich on 6/8/09.(gcy, )
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Legal Document (Payment Possibly Required) 237 Filed: 6/8/2009, Entered: 6/8/2009 terminate hearings
MINUTE entry before the Honorable George M. Marovich:Status hearing set for 6/9/2009 is stricken.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 236 Filed: 6/4/2009, Entered: 6/4/2009 Notice of filing
NOTICE by all parties re joint consent to jurisdiction by US magistrate judge[235] Amended Joint Consent (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 235 Filed: 6/4/2009, Entered: 6/4/2009 joint consent to jurisdiction by US magistrate judgeCourt Filing
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 234 Filed: 5/28/2009, Entered: 5/28/2009 joint consent to jurisdiction by US magistrate judgeCourt Filing
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 233 Filed: 5/12/2009, Entered: 5/12/2009 settlement conference
MINUTE entry before the Honorable George M. Marovich:Settlement conference held on 5/12/2009. Status hearing set for 6/9/2009 at 11:00 AM. Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 232 Filed: 4/29/2009, Entered: 4/29/2009 terminate hearings
MINUTE entry before the Honorable George M. Marovich: Settlement Conference reset to 5/12/2009 at 02:00 PM. Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 231 Filed: 4/24/2009, Entered: 4/24/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re MOTION by ThirdParty Plaintiff Heritage Warranty Insurance Risk Retention Group, Inc. for extension of time to file answer regarding answer to complaint, crossclaim[225] of Mardan Reinsurance, Damar Reinsurance and Peak ReinsuranceMOTION by ThirdParty Plaintiff Heritage Warranty Insurance Risk Retention Group, Inc. for extension of time to file answer regarding answer to complaint, crossclaim[225] of Mardan Reinsurance, Damar Reinsurance and Peak Reinsurance[230] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 230 Filed: 4/24/2009, Entered: 4/24/2009, Terminated: 7/24/2009 Motion for Extension of Time to File Answer
MOTION by ThirdParty Plaintiff Heritage Warranty Insurance Risk Retention Group, Inc. for extension of time to file answer regarding answer to complaint, crossclaim[225] of Mardan Reinsurance, Damar Reinsurance and Peak Reinsurance (Dee, Thomas)
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Legal Document (Payment Possibly Required) 229 Filed: 4/22/2009, Entered: 4/22/2009 set/reset hearings
MINUTE entry before the Honorable George M. Marovich: Settlement Conference set for 5/5/2009 at 02:15 PM.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 228 Filed: 4/9/2009, Entered: 4/9/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re notice of voluntary dismissal[227] of Fuccillo Reinsurance Company, Ltd. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 227 Filed: 4/9/2009, Entered: 4/9/2009 Notice of voluntary dismissal
NOTICE of Voluntary Dismissal by Heritage Warranty Insurance Risk Retention Group, Inc. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 226 Filed: 4/7/2009, Entered: 4/8/2009 Notice of filing
Attorney Appearance for Damar Reinsurance Ltd., Mardan Reinsurance and Limited by Karl L. Halperin; Notice (gcy, ) Modified on 4/9/2009 (gcy, ).
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Answer with OCR 225 Filed: 4/7/2009, Entered: 4/8/2009 Answer
ANSWER and affirmative defenses, and CROSSCLAIM by Third Party Defendants Damar Reinsurance and Mardan Reinsurance to Heritage Warranty Insurance Risk Retention Group, Inc.'s Third Party Complaint.(gcy, )
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Legal Document (Payment Possibly Required) 224 Filed: 3/17/2009, Entered: 3/17/2009 attorney appearance
ATTORNEY Appearance for Defendant Heritage Warranty Insurance Risk Retention Group, Inc. by Joseph A Kilpratrick (Kilpratrick, Joseph)
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Legal Document (Payment Possibly Required) 223 Filed: 3/16/2009, Entered: 3/17/2009 Order on Motion to appear pro hac vice
MINUTE entry before the Honorable George M. Marovich: Motion of Andrew J. Weill for leave to appear pro hac vice on behalf of third party defendants Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd. and Peak Reinsurance Company Limited [204] is granted. Motion of Joseph Kilpatrick for leave to appear pro hac vice on behalf of defendant/counter-claimant/third party plaintiff/counter-defendant Heritage Warranty Insurance Risk Retention Group, Inc [214] is granted. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 222 Filed: 3/16/2009, Entered: 3/16/2009 statement
Disclosure STATEMENT by Peak Reinsurance Company Limited (Weill, Andrew)
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Legal Document (Payment Possibly Required) 221 Filed: 3/16/2009, Entered: 3/16/2009 Answer to Third-Party Complaint
ANSWER to Third Party Complaint of Heritage Warranty, CROSSCLAIM by Peak Reinsurance Company Limited against Heritage Warranty Insurance Risk Retention Group, Inc.. by Peak Reinsurance Company Limited(Weill, Andrew)
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Legal Document (Payment Possibly Required) 220 Filed: 3/16/2009, Entered: 3/16/2009 attorney appearance
ATTORNEY Appearance for Third Party Defendants Peak Reinsurance Company Limited, Peak Reinsurance Company Limited by Andrew John Weill For Karl L. Halperin of Rosenfield, Kaplan & Halperin (Weill, Andrew)
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Legal Document (Payment Possibly Required) 219 Filed: 3/16/2009, Entered: 3/16/2009 attorney appearance
ATTORNEY Appearance for Third Party Defendants Peak Reinsurance Company Limited, Peak Reinsurance Company Limited by Andrew John Weill (Weill, Andrew)
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Legal Document (Payment Possibly Required) 218 Filed: 3/16/2009, Entered: 3/16/2009 Notice of voluntary dismissal
NOTICE of Voluntary Dismissal by Heritage Warranty Insurance Risk Retention Group, Inc. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 215 Filed: 3/11/2009, Entered: 3/11/2009 Notice of voluntary dismissal
NOTICE of Voluntary Dismissal by Heritage Warranty Insurance Risk Retention Group, Inc. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 217 Filed: 3/10/2009, Entered: 3/12/2009 Order on Motion to Dismiss
MINUTE entry before the Honorable George M. Marovich: Heritage's motion [184] to dismiss Cont V of Butler's Cross-Claim is granted. Count V of the cross-claim is dismissed with prejudice. [For further details see text below]. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 216 Filed: 3/10/2009, Entered: 3/12/2009 Order on motion to amend/correct
MINUTE entry before the Honorable George M. Marovich: Motion hearing held telephonically. Warrantech and Butler's motion [207] to certify for interlocutory appeal is denied. Discovery schedule is vacated. Discovery is stayed until further order of Court. Deadline for filing motion for class certification is vacated. [For further details see text below]. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 214 Filed: 3/6/2009, Entered: 3/6/2009, Terminated: 3/16/2009 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003568285. (Kilpratrick, Joseph)
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Legal Document (Payment Possibly Required) 213 Filed: 3/4/2009, Entered: 3/4/2009 Affidavit of Service
AFFIDAVIT of Service filed by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. regarding Third Party Complaint served on Peak Reinsurance Company Limited on February 14, 2009 (Dee, Thomas)
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Legal Document (Payment Possibly Required) 212 Filed: 3/4/2009, Entered: 3/4/2009 Affidavit of Service
AFFIDAVIT of Service filed by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. regarding Third Party Complaint served on Bradford Reinsurance, Ltd. on Feruary 13, 2009 (Dee, Thomas)
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Legal Document (Payment Possibly Required) 211 Filed: 3/4/2009, Entered: 3/4/2009 Affidavit of Service
AFFIDAVIT of Service filed by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. regarding Third Party Complaint served on Alrendan RE., Ltd. on February 13, 2009 (Dee, Thomas)
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Legal Document (Payment Possibly Required) 210 Filed: 3/3/2009, Entered: 3/3/2009 text entry
MINUTE entry before the Honorable George M. Marovich:Butler and Warrantech's Joint Motion for Certification for Interlocutory Appeal will be heard telephonically on March 10, 2009 at 10:30 (Chicago time). Counsel for the parties should use the following telephone number (877-506-4265) and passcode (312 207 3901) to access the conference call. The Court asked movant's counsel (Mr. Tannen) to arrange the call-in number and appreciates his assistance.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 209 Filed: 2/27/2009, Entered: 2/27/2009 notice of motion
NOTICE of Motion by James David DeMars for presentment of motion to amend/correct,, motion for relief, [207] before Honorable George M. Marovich on 3/10/2009 at 10:30 AM. (DeMars, James)
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memorandum in support of motion with OCR 208 Filed: 2/27/2009, Entered: 2/27/2009 memorandum in support of motion
MEMORANDUM by Butler Financial Solutions, LLC in support of motion to amend/correct,, motion for relief, [207] to Amend Memorandum Order and Opinion of February 4, 2009 Denying Motion to Dismiss Plaintiffs' Magnuson Moss Count on McCarran Ferguson Reverse Preemption Grounds to Include Certification for Interlocutory Review Pursuant to 28 USC Section 1292(b) (Attachments: # (1) Exhibit A (written discovery issued by Plaintiffs), B (VSC insurance policy amendatory endorsements), C (Court orders permitting SCDOI intervention and withdrawl))(DeMars, James)
  • Attachment 2 Exhibit A (written discovery issued by Plaintiffs), B (VSC insurance policy amen
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Legal Document (Payment Possibly Required) 207 Filed: 2/27/2009, Entered: 2/27/2009, Terminated: 3/10/2009 Motion to Amend/Correct
MOTION by Defendant Butler Financial Solutions, LLC to amend/correct memorandum opinion and order[199] of February 4, 2009 Denying Motion to Dismiss Plaintiffs' Magnuson Moss Count on McCarran Ferguson Reverse Preemption Grounds to Include Certification for Interlocutory Review Pursuant to 28 USC Section 1292(b) (DeMars, James)
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Legal Document (Payment Possibly Required) 206 Filed: 2/27/2009, Entered: 2/27/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re reply to response to motion[205] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 205 Filed: 2/27/2009, Entered: 2/27/2009 Reply to Response to motion
REPLY by Heritage Warranty Insurance Risk Retention Group, Inc. to MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim[184] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 204 Filed: 2/26/2009, Entered: 2/26/2009, Terminated: 3/16/2009 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003544036. (Weill, Andrew)
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Legal Document (Payment Possibly Required) 203 Filed: 2/11/2009, Entered: 2/12/2009 Summons issued
SUMMONS Issued as to Third Party Defendants Mardan Reinsurance Limited, Marion Reinsurance, Ltd., Damar Reinsurance, Ltd., Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd., 12GK Reinsurance, Ltd. (all at different addresses than before). (gcy, )
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Legal Document (Payment Possibly Required) 202 Filed: 2/11/2009, Entered: 2/11/2009 Summons issued
THIRD PARTY SUMMONS Issued as to Third Party Defendants Marion Reinsurance, Ltd., Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd., 12GK Reinsurance, Ltd., Mardan Reinsurance Limited, Damar Reinsurance, Ltd., Peak Reinsurance Company Limited (gcy, )
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Legal Document (Payment Possibly Required) 201 Filed: 2/6/2009, Entered: 2/6/2009 Notice of filing
NOTICE by Butler Financial Solutions, LLC(a Delaware Limited Liability Company) re response in opposition to motion, [200] of Heritage to dismiss Butler's Amended Count V (DeMars, James)
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Legal Document (Payment Possibly Required) 200 Filed: 2/6/2009, Entered: 2/6/2009 response in opposition to motionCourt Filing
RESPONSE by Butler Financial Solutions, LLC(a Delaware Limited Liability Company)in Opposition to MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim[184] (Attachments: # (1) Exhibit A (cross-claim with original Count V), B (cross-claim with amended Count V), C (August 12, 2008 order of Judge Marovich))(DeMars, James)
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Legal Document (Payment Possibly Required) 199 Filed: 2/4/2009, Entered: 2/5/2009 Memorandum Opinion and Order
MEMORANDUM Opinion and Order Signed by the Honorable George M. Marovich on 2/4/2009:(gcy, )
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Legal Document (Payment Possibly Required) 198 Filed: 2/4/2009, Entered: 2/5/2009 Order on Motion to Dismiss
MINUTE entry before the Honorable George M. Marovich: Enter Memorandum Opinion and Order. Defendants' motions to dismiss [106][114][137] are granted in part and denied in part. Accordingly, Count III is dismissed. [For further detail see separate order(s).] Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 197 Filed: 2/4/2009, Entered: 2/4/2009 Order on Motion to Dismiss
MINUTE entry before the Honorable George M. Marovich:Cross-defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to dismiss cross-claim of Butler Financial Solutions, LLC [140] is moot because an amended claim was filed. Plaintiff's motion to file brief in excess of 15 pages [146] is moot.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 196 Filed: 2/4/2009, Entered: 2/4/2009 order on motion to certify class
MINUTE entry before the Honorable George M. Marovich: Plaintiffs' motion [92] for class certification is stricken. The parties are granted until April 15, 2009 to conduct discovery with respect to class certification issues. Plaintiffs' motion for class certification is due on or before May 15, 2009. [For further details see text below]. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 195 Filed: 2/2/2009, Entered: 2/3/2009 Third-Party Complaint
AMENDED CROSSCLAIM against Warrantech Automotive Inc., CROSSCLAIM against Butler Financial Solutions LLC and THIRD PARTY COMPLAINT by Heritage Warranty Insurance Risk Retention Group, Inc. against Warrantech Corporation, Vemeco, Inc., Warrantech Automotive of Florida, Inc., Fucillo Reinsurance Company, Ltd., Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd., Harris G. Miller, Mardan Reinsurance Limited, Damar Reinsurance, Ltd., 12GK Reinsurance, Ltd., Peak Reinsurance Company Limited.(gcy, ) (Attachments: # (2) Exhibit A Quota Share Reinsurance Agreement, # (3) Exhibit B Affidavit of Jeanine M. Folz, # (4) Exhibit C Insurance Certificate, # (5) Exhibit D Affidavit of Harris Miller, # (6) Exhibit E, July 30, 2007 Letter, # (7) Exhibit F Reinsurance Custodial Agreement, # (8) Exhibit G Insurance Declarations Page, # (9) Exhibit H Administrative Agreement) (gcy, ). Modified on 2/3/2009 (gcy, ).
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Legal Document (Payment Possibly Required) 194 Filed: 2/2/2009, Entered: 2/2/2009 Order on Motion for Leave to File
MINUTE entry before the Honorable George M. Marovich:Motion hearing set for 2/3/2009 is stricken. Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion for leave to file amended cross-claims and third party complaints [189] is granted.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 193 Filed: 1/23/2009, Entered: 1/23/2009 notice of motion
NOTICE of Motion by Thomas M. Dee for presentment of motion for leave to file[189] before Honorable George M. Marovich on 2/3/2009 at 10:30 AM. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 192 Filed: 1/23/2009, Entered: 1/23/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re memorandum in support of motion[190], MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. for leave to file amended cross-claim and third party complaints[189], crossclaim,,,, third party complaint,,, [191] (Dee, Thomas)
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Crossclaim with OCR 191 Filed: 1/23/2009, Entered: 1/23/2009 Crossclaim
Amended CROSSCLAIM by Heritage Warranty Insurance Risk Retention Group, Inc. against Warrantech Automotive, Inc., Butler Financial Solutions, LLC Amended., THIRD party complaint by Heritage Warranty Insurance Risk Retention Group, Inc. against Warrantech Corporation, Vemeco, Inc., Warrantech Automotive of Florida, Inc., Harris G. Miller, Mardan Reinsurance Limited, Marion Reinsurance, Ltd., Fucillo Reinsurance Company, Ltd., Damar Reinsurance, Ltd., Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd., 12GK Reinsurance, Ltd. and Peak Reinsurance Company Limited. (Attachments: # (1) Exhibit A Quota Share Reinsurance Agreement, # (2) Exhibit B Affidavit of Jeanine M. Folz, # (3) Exhibit C Insurance Certificate, # (4) Exhibit D Affidavit of Harris Miller, # (5) Exhibit E July 30, 2007 Letter, # (6) Exhibit F Reinsurance Custodial Agreement, # (7) Exhibit G Insurance Declarations Page, # (8) Exhibit H Administrative Agreement)(Dee, Thomas)
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Legal Document (Payment Possibly Required) 190 Filed: 1/23/2009, Entered: 1/23/2009 memorandum in support of motion
MEMORANDUM by Heritage Warranty Insurance Risk Retention Group, Inc. in support of motion for leave to file[189] amended cross-claim and third party complaints (Dee, Thomas)
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Legal Document (Payment Possibly Required) 189 Filed: 1/23/2009, Entered: 1/23/2009, Terminated: 2/2/2009 Motion for Leave to File
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. for leave to file amended cross-claim and third party complaints (Dee, Thomas)
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Legal Document (Payment Possibly Required) 188 Filed: 1/16/2009, Entered: 1/16/2009 terminate hearings
MINUTE entry before the Honorable George M. Marovich:Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim [184]: response due by 2/6/2009; reply due by 2/27/2009; rule by mail.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 187 Filed: 1/9/2009, Entered: 1/9/2009 notice of motion
NOTICE of Motion by Thomas M. Dee for presentment of motion to dismiss[184] before Honorable George M. Marovich on 1/20/2009 at 10:30 AM. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 186 Filed: 1/9/2009, Entered: 1/9/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim[184] Amended (Dee, Thomas)
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Legal Document (Payment Possibly Required) 185 Filed: 1/9/2009, Entered: 1/9/2009 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim[184] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 184 Filed: 1/9/2009, Entered: 1/9/2009, Terminated: 3/10/2009 Motion to Dismiss
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss amended Count V of Butler Financial Solutions, LLC's Cross-Claim (Dee, Thomas)
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Legal Document (Payment Possibly Required) 183 Filed: 1/9/2009, Entered: 1/9/2009 memorandum in support of motion
MEMORANDUM by Heritage Warranty Insurance Risk Retention Group, Inc. in support of motion to dismiss[182] Amended Count V of Butler Financial Solutions, LLC's Cross-Claim (Dee, Thomas)
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Legal Document (Payment Possibly Required) 182 Filed: 1/9/2009, Entered: 1/9/2009, Terminated: 1/9/2009 Motion to Dismiss
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss The Amended Count V of Butler Financial Solutions, LLC's Cross-Claim (Dee, Thomas)
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Legal Document (Payment Possibly Required) 181 Filed: 1/6/2009, Entered: 1/6/2009 waiver of service executed
WAIVER OF SERVICE returned executed by Heritage Warranty Insurance Risk Retention Group, Inc.. Fucillo Reinsurance Company, Ltd. waiver sent on 12/18/2008, answer due 2/17/2009. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 180 Filed: 1/5/2009, Entered: 1/5/2009 Order on motion for extension of time
MINUTE entry before the Honorable George M. Marovich:Motion hearing set for 1/6/2009 is stricken. Plaintiff's renewed unopposed motion for extension of time to 11/25/2008 to respond to the motions to dismiss the first amended class action complaint [173] is granted retroactively. Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 179 Filed: 12/31/2008, Entered: 12/31/2008 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re Response[178] to Warrantech Automotive, Inc.'s Cross-claim (Dee, Thomas)
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Legal Document (Payment Possibly Required) 178 Filed: 12/31/2008, Entered: 12/31/2008 Response
RESPONSE by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to crossclaim[152] of Warrantech Automotive, Inc. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 177 Filed: 12/31/2008, Entered: 12/31/2008 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re Response[176] to Butler Financial Solutions, LLC's Cross-claim (Dee, Thomas)
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Legal Document (Payment Possibly Required) 176 Filed: 12/31/2008, Entered: 12/31/2008 Response
RESPONSE by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to answer to crossclaim,,, [149] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 175 Filed: 12/30/2008, Entered: 12/31/2008 Order on Motion to Withdraw
MINUTE entry before the Honorable George M. Marovich: Motion hearing set for 1/6/20009 is stricken Motion of Scott H. Richardson, as Director of the South Carolina Department of Insurance, to withdraw as intervenor [167] is granted. Intervenor Director Scott H. Richardson is withdrawn without prejudice as intervnor in this case. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 174 Filed: 12/30/2008, Entered: 12/30/2008 notice of motion
NOTICE of Motion by Scott Rhead Shepherd for presentment of extension of time[173] before Honorable George M. Marovich on 1/6/2009 at 10:30 AM. (Shepherd, Scott)
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Legal Document (Payment Possibly Required) 173 Filed: 12/30/2008, Entered: 12/30/2008, Terminated: 1/5/2009 extension of time
MOTION by Plaintiff Robert T. Kennedy for extension of time (Attachments: # (1) Text of Proposed Order Proposed Order)(Shepherd, Scott)
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Legal Document (Payment Possibly Required) 172 Filed: 12/19/2008, Entered: 12/19/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC re reply to response to motion, [171] (DeMars, James)
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Legal Document (Payment Possibly Required) 171 Filed: 12/19/2008, Entered: 12/19/2008 Reply to Response to motion
REPLY by Butler Financial Solutions, LLC to MOTION by Defendant Butler Financial Solutions, LLC to dismiss Counts I, III, and V of Plaintiffs' First Amended Class Action Complaint[114] (Attachments: # (1) Exhibit A (state VSC table) and B (Butler's Amended Count V of its Cross-Claim against Heritage))(DeMars, James)
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Legal Document (Payment Possibly Required) 170 Filed: 12/19/2008, Entered: 12/19/2008 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re reply to response to motion[169] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 169 Filed: 12/19/2008, Entered: 12/19/2008 Reply to Response to motion
REPLY by Heritage Warranty Insurance Risk Retention Group, Inc. to MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Plaintiffs' Complaint[137] (Dee, Thomas)
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Legal Document (Payment Possibly Required) 168 Filed: 12/19/2008, Entered: 12/19/2008 notice of motion
NOTICE of Motion by Philip F. Ackerman for presentment of motion to withdraw[167] before Honorable George M. Marovich on 1/6/2009 at 10:30 AM. (Ackerman, Philip)
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Motion to Withdraw with OCR 167 Filed: 12/19/2008, Entered: 12/19/2008, Terminated: 12/30/2008 Motion to Withdraw
MOTION by Intervenor Scott H Richardson to withdraw as Intervenor (Ackerman, Philip)
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Legal Document (Payment Possibly Required) 166 Filed: 12/19/2008, Entered: 12/19/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC(a Delaware Limited Liability Company) re crossclaim, [165] (DeMars, James)
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Legal Document (Payment Possibly Required) 165 Filed: 12/19/2008, Entered: 12/19/2008 Crossclaim
Amended Count V of CROSSCLAIM by Butler Financial Solutions, LLC(a Delaware Limited Liability Company) against Heritage Warranty Insurance Risk Retention Group, Inc. for Violations of the Illinois Consumer Fraud and Deceptive Practices Act. (Attachments: # (1) Exhibit A (insurance policy), B (administrative agreement), and C (vehicle service contract))(DeMars, James)
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Legal Document (Payment Possibly Required) 164 Filed: 12/18/2008, Entered: 12/18/2008 memorandum in support of motion
MEMORANDUM by Warrantech Automotive, Inc. in support of motion to dismiss[106] (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 163 Filed: 12/15/2008, Entered: 12/16/2008 Order on Motion for Leave to File
MINUTE entry before the Honorable George M. Marovich: Defendant/cross-claimant Butler Financial Solutions, LLC's motion [154] for leave to amend Count V of its cross-claim is granted. Motion hearing set for 12/23/2008 is stricken. [For further details see text below]. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 162 Filed: 12/11/2008, Entered: 12/12/2008 Order on motion for extension of time to file Response/Reply
MINUTE entry before the Honorable George M. Marovich: Defendants' Joint Motion [160] for extension of Time is granted. Defendants are granted until December 19, 2008 to file reply briefs in support of their motions to dismiss. Plaintiffs' motion [136] for extension of time is denied. Every attorney who has filed an appearance in this case is ordered to read the Local Rules for this District. The Court will not tolerate future violations of the rules of procedures of this Court. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 161 Filed: 12/10/2008, Entered: 12/10/2008 notice of motion
NOTICE of Motion by James David DeMars for presentment of extension of time[160] before Honorable George M. Marovich on 12/23/2008 at 11:30 AM. (DeMars, James)
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Legal Document (Payment Possibly Required) 160 Filed: 12/10/2008, Entered: 12/10/2008, Terminated: 12/11/2008 extension of time
MOTION by Defendant Butler Financial Solutions, LLC for extension of time to reply in support of motions to dismiss Plaintiffs' first amended class action complaint (Attachments: # (1) Text of Proposed Order)(DeMars, James)
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Legal Document (Payment Possibly Required) 159 Filed: 12/9/2008, Entered: 12/9/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC re amended document, [158], response in opposition to motion, [157] (DeMars, James)
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Legal Document (Payment Possibly Required) 158 Filed: 12/9/2008, Entered: 12/9/2008 Amended document
AMENDED Exhibit B to Defendant Butler Financial Solutions LLC'S Motion for Leave to File an Amended Count V of its Cross-Claim against Heritage Warranty Insurance Risk Retention Group for Violations of the Illinois Consumer Fraud and Deceptive Practices Act (DeMars, James)
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Legal Document (Payment Possibly Required) 157 Filed: 12/9/2008, Entered: 12/9/2008 response in opposition to motion
RESPONSE by Butler Financial Solutions, LLCin Opposition to MOTION by Cross Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Crossclaim of Defendant Butler Financial Solutions, LLC[140] (CORRECTED) (Attachments: # (1) Exhibit A (Butler Response to Heritage Mo. to Dismiss in 07-CV-3539) and B (Proposed Amended Count V - Consumer Fraud))(DeMars, James)
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Legal Document (Payment Possibly Required) 156 Filed: 12/8/2008, Entered: 12/8/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC re response in opposition to motion, [153], answer to crossclaim,,, [149] (DeMars, James)
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Legal Document (Payment Possibly Required) 155 Filed: 12/8/2008, Entered: 12/8/2008 notice of motion
NOTICE of Motion by James David DeMars for presentment of motion for leave to file, [154] before Honorable George M. Marovich on 12/23/2008 at 11:30 AM. (DeMars, James)
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Legal Document (Payment Possibly Required) 154 Filed: 12/8/2008, Entered: 12/8/2008, Terminated: 12/15/2008 Motion for Leave to File
MOTION by Cross Defendant Butler Financial Solutions, LLC for leave to file an Amended Count V of its Cross-Claim against Heritage for Violation of the Illinois Consumer Fraud and Deceptive Practices Act (Attachments: # (1) Exhibit A (opinion of 8-12-08), B (Butler Response in Opposition to Heritage Mo. to Dismiss), and C (Proposed Amended Count V - Consumer Fraud))(DeMars, James)
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Legal Document (Payment Possibly Required) 153 Filed: 12/8/2008, Entered: 12/8/2008 response in opposition to motion
RESPONSE by Butler Financial Solutions, LLCin Opposition to MOTION by Cross Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Crossclaim of Defendant Butler Financial Solutions, LLC[140] (Attachments: # (1) Exhibit A (Butler Mo. in Opposition of Heritage Mo. to Dismiss in 07-CV-3539) and B (Proposed amended Count V - Consumer Fraud))(DeMars, James)
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Legal Document (Payment Possibly Required) 152 Filed: 12/8/2008, Entered: 12/8/2008 Crossclaim
CROSSCLAIM by Warrantech Automotive, Inc. against Heritage Warranty Insurance Risk Retention Group, Inc..(Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 151 Filed: 12/8/2008, Entered: 12/8/2008 Answer to Crossclaim
Answer and Affirmative Defenses to Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s Crossclaim ANSWER to Crossclaim by Warrantech Automotive, Inc.(Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 150 Filed: 12/8/2008, Entered: 12/8/2008 Answer
Answer and Affirmative Defenses to Defendant Heritage Warranty Insurance Risk Retention Group, Inc's Third Party Complaint ANSWER to Complaint by Warrantech Corporation, Vemeco, Inc., Warrantech Automotive of Florida, Inc.(Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 149 Filed: 12/8/2008, Entered: 12/8/2008 Answer to Crossclaim
ANSWER to Crossclaim, CROSSCLAIM by Butler Financial Solutions, LLC against Heritage Warranty Insurance Risk Retention Group, Inc.. by Butler Financial Solutions, LLC (Attachments: # (1) Part 2 - Answer, Affirmative Defenses, and Cross-Claim, # (2) Exhibit A (insurance policy), B (admin. agreement), and C (vehicle service contract))(DeMars, James)
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Legal Document (Payment Possibly Required) 148 Filed: 11/25/2008, Entered: 11/25/2008 response in opposition to motion
RESPONSE by Robert T. Kennedyin Opposition to MOTION by Defendant Warrantech Automotive, Inc. to dismiss[106], MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Plaintiffs' Complaint[137], MOTION by Defendant Butler Financial Solutions, LLC to dismiss Counts I, III, and V of Plaintiffs' First Amended Class Action Complaint[114] (Shepherd, Scott)
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Legal Document (Payment Possibly Required) 147 Filed: 11/24/2008, Entered: 11/24/2008 terminate hearings
MINUTE entry before the Honorable George M. Marovich:Motion hearing set for 12/2/2008 is stricken. Briefing schedule set on defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to dismiss plaintiffs' first amended complaint [137] and cross-defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to dismiss V of the crossclaim [140]: responses due by 12/8/2008; replies due by 12/19/2008. No extensions of said briefing schedule will be granted.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 146 Filed: 11/20/2008, Entered: 11/20/2008, Terminated: 2/4/2009 Motion for Leave to File Excess Pages
MOTION by Plaintiff Robert T. Kennedy for leave to file excess pages (Unopposed) (Attachments: # (1) Text of Proposed Order)(Shepherd, Scott)
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Legal Document (Payment Possibly Required) 145 Filed: 11/18/2008, Entered: 11/18/2008 notice of motion
Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s NOTICE of Motion by Thomas M. Dee for presentment of motion to dismiss[137] before Honorable George M. Marovich on 12/2/2008 at 10:30 AM. (Dee, Thomas)
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Legal Document (Payment Possibly Required) 144 Filed: 11/18/2008, Entered: 11/18/2008 notice of motion
Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s NOTICE of Motion by Thomas M. Dee for presentment of motion to dismiss[140] before Honorable George M. Marovich on 12/2/2008 at 10:30 AM. (Dee, Thomas)
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Crossclaim with OCR 143 Filed: 11/18/2008, Entered: 11/18/2008 Crossclaim
CROSSCLAIM and THIRD PARTY COMPLAINT by Heritage Warranty Insurance Risk Retention Group, Inc. against Warrantech Corporation, Vemeco, Inc., Warrantech Automotive of Florida, Inc., Harris G. Miller, Mardan Reinsurance Limited, Marion Reinsurance, Ltd., Fucillo Reinsurance Company, Ltd., Damar Reinsurance, Ltd., Bradford Reinsurance Co., Ltd., Alrendan Re., Ltd., 12GK Reinsurance, Ltd., Warrantech Automotive, Inc., Butler Financial Solutions, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Dee, Thomas)
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Legal Document (Payment Possibly Required) 142 Filed: 11/18/2008, Entered: 11/18/2008 Answer to Crossclaim
Defendant's ANSWER to Crossclaim of Defendant Butler Financial Solutions, LLC by Heritage Warranty Insurance Risk Retention Group, Inc.(Dee, Thomas)
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Legal Document (Payment Possibly Required) 141 Filed: 11/18/2008, Entered: 11/18/2008 memorandum in support of motion
MEMORANDUM by Heritage Warranty Insurance Risk Retention Group, Inc. in support of motion to dismiss[140] Crossclaim of Defendant Butler Financial Solutions, LLC (Dee, Thomas)
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Legal Document (Payment Possibly Required) 140 Filed: 11/18/2008, Entered: 11/18/2008, Terminated: 2/4/2009 Motion to Dismiss
MOTION by Cross Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Crossclaim of Defendant Butler Financial Solutions, LLC (Dee, Thomas)
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Legal Document (Payment Possibly Required) 139 Filed: 11/18/2008, Entered: 11/18/2008 Answer
Defendant's ANSWER to Complaint filed by Plaintiffs by Heritage Warranty Insurance Risk Retention Group, Inc.(Dee, Thomas)
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Legal Document (Payment Possibly Required) 138 Filed: 11/18/2008, Entered: 11/18/2008 memorandum in support of motion
MEMORANDUM by Heritage Warranty Insurance Risk Retention Group, Inc. in support of motion to dismiss[137] Plaintiffs' Complaint (Dee, Thomas)
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Legal Document (Payment Possibly Required) 137 Filed: 11/18/2008, Entered: 11/18/2008, Terminated: 2/4/2009 Motion to Dismiss
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss Plaintiffs' Complaint (Dee, Thomas)
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Legal Document (Payment Possibly Required) 136 Filed: 11/17/2008, Entered: 11/17/2008, Terminated: 12/11/2008 Motion for Extension of Time to File Response/Reply
MOTION by Plaintiff Robert T. Kennedy for extension of time to file response/reply as to motion to dismiss[106], motion to dismiss,, [114] (Attachments: # (1) Text of Proposed Order)(Shepherd, Scott)
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Legal Document (Payment Possibly Required) 135 Filed: 10/28/2008, Entered: 10/28/2008 order on motion to certify class
MINUTE entry before the Honorable George M. Marovich:Status hearing set for 10/28/2008 is stricken. Stay is lifted. Plaintiff's motion for class certification [92] is continued generally. No discovery shall be taken as to the motion for class certification until the Court rules on the motions to dismiss. Defendant Heritage Warranty Insurance Risk Retention Group, Inc. is given to 11/18/2008 to answer or otherwise plead. Briefing schedule set on defendant Warrantech Automotive, Inc.'s motion to dismiss [106] and defendant Butler Financial Solutions, LLC's motion to dismiss [114] as follows: response due by 11/18/2008; reply due by 12/4/2008; rule by mail.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 134 Filed: 10/23/2008, Entered: 10/23/2008 Status Hearing
MINUTE entry before the Honorable George M. Marovich:Status hearing by phone held and continued to 10/28/2008 at 2:00 p.m. Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 133 Filed: 10/20/2008, Entered: 10/21/2008 Pretrial Conference
MINUTE entry before the Honorable George M. Marovich:Final pretrial conference held on 10/20/2008.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 132 Filed: 10/7/2008, Entered: 10/8/2008 Order on Motion to appear pro hac vice
MINUTE entry before the Honorable George M. Marovich: Motion of David M. Schlecker for leave to appear pro hac vice on behalf of defendant Warrantech Automotive, Inc. [126] is granted. Mailed notices (gcy, )
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Legal Document (Payment Possibly Required) 131 Filed: 10/7/2008, Entered: 10/7/2008 Status Hearing
MINUTE entry before the Honorable George M. Marovich:Status hearing held on 10/7/2008. Pretrial Conference set for 10/20/2008 at 10:00 AM. Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 130 Filed: 9/25/2008, Entered: 9/25/2008 attorney appearance
ATTORNEY Appearance for Defendant Warrantech Automotive, Inc. by Evan Thomas Knott (Knott, Evan)
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Legal Document (Payment Possibly Required) 129 Filed: 9/25/2008, Entered: 9/25/2008 attorney appearance
ATTORNEY Appearance for Defendant Warrantech Automotive, Inc. by James M. Davis (Davis, James)
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Legal Document (Payment Possibly Required) 128 Filed: 9/25/2008, Entered: 9/25/2008 attorney appearance
ATTORNEY Appearance for Defendant Warrantech Automotive, Inc. by Paul R. Walker-Bright (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 127 Filed: 9/25/2008, Entered: 9/25/2008 other
Federal Rule of Civil Procedure 7.1 and Local Rule 3.2 Disclosure Statements by Warrantech Automotive, Inc. (Walker-Bright, Paul)
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Legal Document (Payment Possibly Required) 126 Filed: 9/25/2008, Entered: 9/25/2008, Terminated: 10/7/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003138493. of David M. Schlecker (Walker-Bright, Paul)
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other with OCR 125 Filed: 8/22/2008, Entered: 8/26/2008 other
RESTRICTED DOCUMENT pursuant to LR26.2. (gcy, )
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Order on Motion for Leave to File with OCR 124 Filed: 8/19/2008, Entered: 8/20/2008 Order on Motion for Leave to File
MINUTE entry before the Honorable George M. Marovich: Motion hearing held. Director Scott H Richardson is given leave to intervene. Intervenor's motion for leave to file two documents as restricted and sealed pursuant to LR 26.2 [111] is granted; said documents are to remain under seal and can be returned to counsel for the intervenor at the conclusion of this case. Case is stayed until 9/25/2008. Status hearing set for 10/7/2008 at 11:00 a.m.Mailed notice (clw, )
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terminate hearings with OCR 123 Filed: 8/12/2008, Entered: 8/13/2008 terminate hearings
MINUTE entry before the Honorable George M. Marovich: Motions noticed for hearing on 8/19/2008 will be heard at 11:00 a.m. instead of 10:30 a.m.Mailed notice (clw, )
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Order on Motion for Leave to File Excess Pages with OCR 122 Filed: 8/12/2008, Entered: 8/13/2008 Order on Motion for Leave to File Excess Pages
MINUTE entry before the Honorable George M. Marovich: Motion hearing held. Defendant Butler Financial Solutions, LLC's motion for leave to file its memorandum in support of its motion to dismiss in excess 15 pages instanter [116] is granted. Briefing schedule set on defendant Butler Financial Solutions, LLC's motion to dismiss [114] and defendant Warrantech Automotive, Inc.'s motion to dismiss [106] as follows: response due by 9/16/2008. Reply due by 10/7/2008. Rule by mail. Defendant Butler Financial Solutions, LLC's motion to enlarge time [119] is denied. Mailed notice (ar, )
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Notice of filing with OCR 121 Filed: 8/8/2008, Entered: 8/8/2008 Notice of filing
NOTICE by Robert T. Kennedy (Plaintiffs' Notice of Opposition to Receiver's Motion for Stay and Request for Briefing Schedule) (Shepherd, Scott)
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notice of motion with OCR 120 Filed: 8/5/2008, Entered: 8/5/2008 notice of motion
NOTICE of Motion by Michael Murphy Tannen for presentment of motion for extension of time to file response/reply, motion for relief, [119] before Honorable George M. Marovich on 8/12/2008 at 10:30 AM. (Tannen, Michael)
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Motion for Extension of Time to File Response/Reply with OCR 119 Filed: 8/5/2008, Entered: 8/5/2008, Terminated: 8/12/2008 Motion for Extension of Time to File Response/Reply
MOTION by Cross Claimant Butler Financial Solutions, LLC for extension of time to file response/reply as to answer to complaint,, crossclaim, [113] (Attachments: # (1) Exhibit Proposed Order)(Tannen, Michael)
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Notice of filing with OCR 118 Filed: 8/4/2008, Entered: 8/4/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC re MOTION by Defendant Butler Financial Solutions, LLC to dismiss Counts I, III, and V of Plaintiffs' First Amended Class Action Complaint[114], answer to complaint,, crossclaim, [113] (Tannen, Michael)
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notice of motion with OCR 117 Filed: 8/4/2008, Entered: 8/4/2008 notice of motion
NOTICE of Motion by Michael Murphy Tannen for presentment of motion for leave to file excess pages[116] before Honorable George M. Marovich on 8/12/2008 at 10:30 AM. (Tannen, Michael)
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Motion for Leave to File Excess Pages with OCR 116 Filed: 8/4/2008, Entered: 8/4/2008, Terminated: 8/12/2008 Motion for Leave to File Excess Pages
MOTION by Defendant Butler Financial Solutions, LLC for leave to file excess pages (Tannen, Michael)
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notice of motion with OCR 115 Filed: 8/4/2008, Entered: 8/4/2008 notice of motion
NOTICE of Motion by Michael Murphy Tannen for presentment of motion to dismiss,, [114] before Honorable George M. Marovich on 8/12/2008 at 10:30 AM. (Tannen, Michael)
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Motion to Dismiss with OCR 114 Filed: 8/4/2008, Entered: 8/4/2008, Terminated: 2/4/2009 Motion to Dismiss
MOTION by Defendant Butler Financial Solutions, LLC to dismiss Counts I, III, and V of Plaintiffs' First Amended Class Action Complaint (Attachments: # (1) Memorandum in support of Butler's motion to dismiss COunts I, III, and V of Plaintiffs' First Amended Class Action Complaint, # (2) Exhibit VSC statutes from IL, NC, and CO, # (3) Exhibit Kennedy original complaint, # (4) Exhibit order transfering case, # (5) Exhibit CFR 700.11, # (6) Exhibit Magnuson-Moss and service contract case law, # (7) Notice of Filing answer and memorandum in support of Butler's Motion to Dismiss Counts I, III, and V of Plaintiffs' First Amended Class Action Complaint)(Tannen, Michael)
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Answer with OCR 113 Filed: 8/4/2008, Entered: 8/4/2008 Answer
ANSWER to Complaint with Jury Demand, CROSSCLAIM by Butler Financial Solutions, LLC against Heritage Warranty Insurance Risk Retention Group, Inc.. by Butler Financial Solutions, LLC (Attachments: # (1) Exhibit Insurance policy, administrative agreement, vehicle service contract)(Tannen, Michael)
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notice of motion with OCR 112 Filed: 8/4/2008, Entered: 8/4/2008 notice of motion
NOTICE of Motion by Philip F. Ackerman for presentment of motion for leave to file[111] before Honorable George M. Marovich on 8/19/2008 at 10:30 AM. (Ackerman, Philip)
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Motion for Leave to File with OCR 111 Filed: 8/4/2008, Entered: 8/4/2008, Terminated: 8/19/2008 Motion for Leave to File
MOTION by Intervenor Scott H Richardson for leave to file Two Documents as Restricted Pursuant to LR 26.2 (Ackerman, Philip)
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attorney appearance with OCR 110 Filed: 8/4/2008, Entered: 8/4/2008 attorney appearance
ATTORNEY Appearance for Intervenor Scott H Richardson by Philip F. Ackerman (Ackerman, Philip)
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attorney appearance with OCR 109 Filed: 8/4/2008, Entered: 8/4/2008 attorney appearance
ATTORNEY Appearance for Scott H. Richardson as Director of South Carolina Department of Insurance (Johnston, Iain)
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notice of motion with OCR 108 Filed: 8/4/2008, Entered: 8/4/2008 notice of motion
NOTICE of Motion by Paul R. Walker-Bright for presentment of motion to dismiss[106] before Honorable George M. Marovich on 8/12/2008 at 10:30 AM. (Walker-Bright, Paul)
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memorandum in support of motion with OCR 107 Filed: 8/4/2008, Entered: 8/4/2008 memorandum in support of motion
MEMORANDUM by Warrantech Automotive, Inc. in support of motion to dismiss[106] First Amended Class Action Complaint (Walker-Bright, Paul)
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Motion to Dismiss with OCR 106 Filed: 8/4/2008, Entered: 8/4/2008, Terminated: 2/4/2009 Motion to Dismiss
MOTION by Defendant Warrantech Automotive, Inc. to dismiss (Walker-Bright, Paul)
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Order on motion to dismiss/lack of jurisdiction with OCR 105 Filed: 7/22/2008, Entered: 7/22/2008 Order on motion to dismiss/lack of jurisdiction
MINUTE entry before the Honorable George M. Marovich: Status hearing held on 7/22/2008. Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to dismiss [65] is moot.Mailed notice (clw, )
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set/reset hearings with OCR 104 Filed: 7/11/2008, Entered: 7/11/2008 set/reset hearings
MINUTE entry before the Honorable George M. Marovich: Status hearing set for 7/22/2008 at 01:30 PM.Mailed notice (clw, )
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text entry with OCR 103 Filed: 7/8/2008, Entered: 7/8/2008 text entry
MINUTE entry before the Honorable George M. Marovich:Defendant Butler Financial Solutions, LLC is given to 8/4/2008 to answer or otherwise plead.Mailed notice (clw, )
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waiver of service executed with OCR 102 Filed: 6/26/2008, Entered: 6/26/2008 waiver of service executed
WAIVER OF SERVICE returned executed by Robert T. Kennedy. (Attachments: # (1) Certificate of Service)(Shepherd, Scott)
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waiver of service executed with OCR 101 Filed: 6/26/2008, Entered: 6/26/2008 waiver of service executed
WAIVER OF SERVICE returned executed by Robert T. Kennedy. Warrantech Automotive, Inc. waiver sent on 6/4/2008, answer due 8/4/2008. (Attachments: # (1) Certificate of Service)(Shepherd, Scott)
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order on motion to certify class with OCR 100 Filed: 6/10/2008, Entered: 6/10/2008 order on motion to certify class
MINUTE entry before the Honorable George M. Marovich:Motion hearing held. Plaintiffs' motion for class certification [92] is entered and continued. Defendant Heritage Warranty Insurance Risk Retention Group, Inc.'s motion to stay the proceedings ( [98] is denied.Mailed notice (clw, )
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Notice of filing with OCR 99 Filed: 6/6/2008, Entered: 6/6/2008 Notice of filing
NOTICE by Heritage Warranty Insurance Risk Retention Group, Inc. re MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to stay the proceedings[98] (Dee, Thomas)
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Motion To Stay with OCR 98 Filed: 6/6/2008, Entered: 6/6/2008, Terminated: 6/10/2008 Motion To Stay
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to stay the proceedings (Dee, Thomas)
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Notice of filing with OCR 97 Filed: 6/5/2008, Entered: 6/5/2008 Notice of filing
NOTICE by Robert T. Kennedy re other[96] (Vurdelja, George)
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other with OCR 96 Filed: 6/5/2008, Entered: 6/5/2008 other
Corrected Exhibit 2 to Amended Complaint and to Declaration of Scott R. Shepherd (Attachments: # (1) Exhibit Part 2)(Vurdelja, George)
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Notice of filing with OCR 95 Filed: 5/29/2008, Entered: 5/29/2008 Notice of filing
NOTICE by Robert T. Kennedy re other[94] (Vurdelja, George)
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other with OCR 94 Filed: 5/29/2008, Entered: 5/29/2008 other
Plaintiffs' Memorandum of Law in Support of Motion for Class Certification by Robert T. Kennedy (Vurdelja, George)
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notice of motion with OCR 93 Filed: 5/29/2008, Entered: 5/29/2008 notice of motion
NOTICE of Motion by George N. Vurdelja, Jr for presentment of motion to certify class, [92] before Honorable George M. Marovich on 6/10/2008 at 10:30 AM. (Vurdelja, George)
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motion to certify class with OCR 92 Filed: 5/29/2008, Entered: 5/29/2008, Terminated: 2/4/2009 motion to certify class
MOTION by Plaintiff Robert T. Kennedy to certify class (Attachments: # (1) Exhibit A, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9)(Vurdelja, George)
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Notice of filing with OCR 91 Filed: 5/29/2008, Entered: 5/29/2008 Notice of filing
NOTICE by Robert T. Kennedy re amended document[90] First Amended Class Action Complaint (Vurdelja, George)
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Amended document with OCR 90 Filed: 5/29/2008, Entered: 5/29/2008 Amended document
AMENDED case transferred in - district transfer[61], complaint by Robert T. Kennedy (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Vurdelja, George)
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 89 Filed: 5/20/2008, Entered: 5/22/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Robert T. Kennedy by Douglas P. Dehler; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 50 paid, receipt number 4624002191. (gcy, )
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 88 Filed: 5/20/2008, Entered: 5/22/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Robert T. Kennedy by James C. Shah; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 50 paid, receipt number 4624002190. (gcy, )
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 87 Filed: 5/20/2008, Entered: 5/22/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Robert T. Kennedy by Jeffrey A. Berens; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 50 paid, receipt number 4624002188. (gcy, )
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 86 Filed: 5/20/2008, Entered: 5/22/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Robert T. Kennedy by James E. Miller; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 100 paid, receipt number 4624002189. (gcy, )
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assigning/reassigning Case with OCR 85 Filed: 5/8/2008, Entered: 5/14/2008 assigning/reassigning Case
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable George M. Marovich for all further proceedings in accordance with the provisions of Local Rule 40.4. Related case No. 07cv3539. Signed by Honorable James F. Holderman on 5/8/08. (gcy, )
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order on motion to reassign case with OCR 84 Filed: 5/6/2008, Entered: 5/6/2008 order on motion to reassign caseCourt Filing
MINUTE entry before Judge Honorable George M. Marovich:Motion hearing held. Plaintiff's motion for reassignment of related action [79] is granted. Defendant's motion to stay [82] is moot. Mailed notice (clw, )
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notice of motion with OCR 83 Filed: 4/29/2008, Entered: 4/29/2008 notice of motion
NOTICE of Motion by John Kenneth Kallman for presentment of motion to stay,, motion for relief,,, [82] before Honorable George M. Marovich on 5/6/2008 at 10:30 AM. (Kallman, John)
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Motion To Stay with OCR 82 Filed: 4/29/2008, Entered: 4/29/2008, Terminated: 5/6/2008 Motion To Stay
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to stay regarding notice of motion[80], MOTION by Plaintiff Robert T. Kennedy to reassign case[79] (Attachments: # (1) Exhibit motion dismiss, # (2) Exhibit memo in support of motion dismiss, # (3) Notice of Filing)(Kallman, John)
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order on motion to join with OCR 81 Filed: 4/29/2008, Entered: 4/29/2008 order on motion to joinCourt Filing
MINUTE entry before Judge Charles P. Kocoras:Status and motion hearing held on 4/29/2008. Motion [71] of defendant Butler Financial Solutions LLC to join 12(b)(1) motion [65] filed by defendant Heritage Warranty Risk Retention Group, is granted. Plaintiffs are given to 5/29/2008 to answer said motion [65] to dismiss. Reply is due 6/12/2008. The Court will rule by mail. Mailed notice (sct, )
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notice of motion with OCR 80 Filed: 4/28/2008, Entered: 4/28/2008 notice of motion
NOTICE of Motion by George N. Vurdelja, Jr for presentment of motion to reassign case[79] before Honorable George M. Marovich on 5/6/2008 at 10:30 AM. (Vurdelja, George)
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motion to reassign case with OCR 79 Filed: 4/28/2008, Entered: 4/28/2008, Terminated: 5/6/2008 motion to reassign case
MOTION by Plaintiff Robert T. Kennedy to reassign case (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Vurdelja, George)
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other with OCR 78 Filed: 4/28/2008, Entered: 4/28/2008 other
Attorney Appearance Form by Heritage Warranty Insurance Risk Retention Group, Inc. (Samson, Joel)
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other with OCR 77 Filed: 4/28/2008, Entered: 4/28/2008 other
Attorney Appearance Form by Heritage Warranty Insurance Risk Retention Group, Inc. (Dee, Thomas)
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 76 Filed: 4/24/2008, Entered: 4/28/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Heritage Warranty Insurance Risk Retention Group, Inc. by Joel B Samson; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 50 paid, receipt number 4624001100 (gcy, )
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[[ITALIC]]Description not available[[/ITALIC]] with OCR 75 Filed: 4/24/2008, Entered: 4/28/2008 [[ITALIC]]Description not available[[/ITALIC]]Court Filing
APPLICATION for Leave to Appear Pro Hac Vice on behalf of Heritage Warranty Insurance Risk Retention Group, Inc. by Thomas M. Dee; Order entered granting leave by Judge Honorable Charles P. Kocoras. Filing fee $ 50 paid, receipt number 4626001100. (gcy, )
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terminate hearings with OCR 74 Filed: 4/17/2008, Entered: 4/17/2008 terminate hearingsCourt Filing
MINUTE entry before Judge Honorable Charles P. Kocoras:Motion hearing held on 4/17/2008. Defendant Heritage Warranty Insurance Risk Retention Group's motion [65] to dismiss, and defendant Butler Financial Solutions' motion [71] to join said motion to dismiss, are entered and continued to 4/29/2008 at 9:30 a.m.Mailed notice (sct, )
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notice of motion with OCR 73 Filed: 4/15/2008, Entered: 4/15/2008 notice of motion
Amended NOTICE of Motion by Michael Murphy Tannen for presentment of motion to join[71] before Honorable Charles P. Kocoras on 4/17/2008 at 09:30 AM. (Tannen, Michael)
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notice of motion with OCR 72 Filed: 4/15/2008, Entered: 4/15/2008 notice of motion
NOTICE of Motion by Michael Murphy Tannen for presentment of motion to join[71] before Honorable Charles P. Kocoras on 4/17/2008 at 10:30 AM. (Tannen, Michael)
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Motion to Join with OCR 71 Filed: 4/15/2008, Entered: 4/15/2008, Terminated: 4/29/2008 Motion to Join
MOTION by Defendant Butler Financial Solutions, LLC to join Heritage's 12b(1) Motion (Tannen, Michael)
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attorney appearance with OCR 70 Filed: 4/15/2008, Entered: 4/15/2008 attorney appearance
ATTORNEY Appearance for Plaintiff Robert T. Kennedy by John M. Heaphy (Heaphy, John)
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attorney appearance with OCR 69 Filed: 4/15/2008, Entered: 4/15/2008 attorney appearance
ATTORNEY Appearance for Plaintiff Robert T. Kennedy by George N. Vurdelja, Jr (Vurdelja, George)
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Notice of filing with OCR 68 Filed: 4/11/2008, Entered: 4/11/2008 Notice of filing
NOTICE by Butler Financial Solutions, LLC Notice of Filing of Appearance (Tannen, Michael)
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attorney appearance with OCR 67 Filed: 4/11/2008, Entered: 4/11/2008 attorney appearance
ATTORNEY Appearance for Defendant Butler Financial Solutions, LLC by Michael Murphy Tannen (Tannen, Michael)
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notice of motion with OCR 66 Filed: 4/11/2008, Entered: 4/11/2008 notice of motion
NOTICE of Motion by John Kenneth Kallman for presentment of motion to dismiss/lack of jurisdiction[65] before Honorable Charles P. Kocoras on 4/17/2008 at 09:30 AM. (Kallman, John)
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Motion to Dismiss with OCR 65 Filed: 4/11/2008, Entered: 4/11/2008, Terminated: 7/22/2008 Motion to Dismiss
MOTION by Defendant Heritage Warranty Insurance Risk Retention Group, Inc. to dismiss for lack of jurisdiction (Attachments: # (1) memorandum in support, # (2) Declaration, # (3) Notice of Filing)(Kallman, John)
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attorney appearance with OCR 64 Filed: 4/9/2008, Entered: 4/9/2008 attorney appearance
ATTORNEY Appearance for Defendant Heritage Warranty Insurance Risk Retention Group, Inc. by John Kenneth Kallman (Attachments: # (1) Notice of Filing)(Kallman, John)
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set/reset hearings with OCR 63 Filed: 4/7/2008, Entered: 4/7/2008 set/reset hearingsCourt Filing
MINUTE entry before Judge Honorable Charles P. Kocoras: Status hearing set for 4/29/2008 at 09:30 AM. At the initial hearing, parties to report on the following: 1. Possibility of settlement. 2. If no possibility of settlement exists, the nature and length of discovery necessary to prepare the case for resolution. Plaintiff is directed to advise all other parties of the Court's action herein. Lead counsel for each party is required to attend the initial hearing.Mailed notice (sct, )
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Civil Cover Sheet with OCR 62 Filed: 4/1/2008, Entered: 4/2/2008 Civil Cover Sheet
CIVIL Cover Sheet. (kj, )
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case transferred in - district transfer with OCR 61 Filed: 4/1/2008, Entered: 4/2/2008 case transferred in - district transfer
RECEIVED from USDC Southern District of Florida; the transfer record consisting of transmittal letter, certified copy docket sheet and transfer order. Case Number 07cv80835 (Attachments: # (1) Complaint)(kj, )
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Blank -- Filed: 9/11/2007, Entered: 4/2/2008 Complaint
COMPLAINT against all defendants filed by Robert T. Kennedy.(To view an image of this document see entry number 61) (kj, )
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